BOARD DATE: 13 January 2015
DOCKET NUMBER: AR20140008407
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his military records to show he was authorized to transfer his education benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states he has been trying to transfer his post 9/11 benefits for the last 2 years he was on active duty. There have been errors showing that he did not complete 10 years active service. He has prior service in the U.S. Marine Corps and also has a service computation worksheet showing he had more than 10 years of active service. He was medically discharged from the Army on
24 April 2014. He was denied TEB because his record showed he did not complete the required 10 years of active service. From January 2013 until March of 2014, he was awaiting a medical board evaluation. Now that he is retired he is being told he no longer qualifies for the TEB. He wants this matter resolved so that his dependents can use his Post 9/11 GI Bill educational benefits.
3. The applicant provides copies of:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders 057-08, Fort George G. Meade, dated 26 February 2014
* Orders 079-04, Fort George g. Meade, dated 20 March 2014
* Automated Service Computation, dated 20 March 2014
CONSIDERATION OF EVIDENCE:
1. Orders 057-08, Fort George G. Meade, dated 26 February 2014, announced the applicant's release from active duty due to physical disability with an effective date of 24 April 2014. He was placed on the Temporary Disability Retired List (TDRL) the following day. These orders, as subsequently amended, show he had completed a total of 12 years, 6 months, and 11 days of creditable active duty service.
2. Records at U.S. Army Human Resources Command (HRC) show the following:
a. On 2 January 2013, the applicant requested TEB. His request was rejected by the U.S. Army G1 on 25 April 2013. He was advised to contact the G1 or his career counselor to take care of necessary actions. He did not do so.
b. On 21 June 2013, the applicant again requested TEB. On 25 July 2013, the HRC pended his request and advised him via email to extend or reenlist to obtain a 4-year retainability. He was also advised to obtain from the G1 an exception to policy (ETP) of the 10-year minimum requirement if he was undergoing medical separation processing. At this time, his available records showed he had completed less than 10 years of active service. He was to complete these actions prior to 8 August 2013 or else his request would be rejected.
c. On 9 August 2013, HRC rejected his TEB request due to insufficient retainability.
d. On 25 April 2014, the applicant was placed on the TDRL due to physical disability. He had 10 or more years of active service as of the date he was placed on the TDRL.
3. Department of Defense Instruction (DODI) Number 1341.13, Subject: Post-9/11 GI Bill, dated 31 May 2013, states the transferability of unused education benefits to family members is subject to the provisions of this DODI. Any service member who on or after 1 August 2009, is entitled to the Post 9/11 GI Bill at the time of his or her request to transfer that entitlement under this section, may transfer such provided he or she meets one of the following conditions:
a. Has at least 6 years of service in the military services (active duty or Selected Reserve), National Oceanic and Atmospheric Administration Commissioned Officer (NOAA) Corps, or Public Health Service (PHS) NOAA Corps, or PHS on the date of approval and agrees to serve 4 additional years in military services, NOAA Corps, or PHS from the date of election.
b. Has at least 10 years service in the military services (active duty or Selected Reserve), NOCC Corps, or PHS on the date of approval, is prohibited by either standard policy or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show he was authorized to transfer his education benefits to his dependents under the TEB provision of the Post-9/11 GI Bill.
2. The available evidence of record shows that the applicant had completed
10 or more years of service as of his initial TEB request dated 2 January 2013. Furthermore, he was unauthorized to make any commitment for further military service due to his physical disability. Therefore, he would not have required an ETP.
3. In view of the above, it would be appropriate to grant the applicant's request.
BOARD VOTE:
___X_____ ___X_____ ___X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed his application and the Army approved his request to transfer his Post 9/11 GI Bill benefits to his dependent(s) prior to retirement, provided all other program eligibility criteria are met.
_________X______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140008407
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ABCMR Record of Proceedings (cont) AR20140008407
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